We have over 30 years of experience helping couples protect their assets with a post-uptial agreement. Our legal team knows what your post-uptial agreement should be to ensure that it is valid in the event of a divorce. Antenuptial agreements can be “pre-conjugation” if they are concluded before the marriage license is signed, or “post-nuptial” if they occur after the couple is legally married. It seems that the date of the marriage would not make a big difference in the application of a contract. But Michigan law treats marital agreements and post-marital agreements very different. Parties who have not developed a matrimonial agreement may, at some point in their marriage, decide to enter into an agreement for spousal assistance, distribution of separated property and property acquired during the marriage. Divorce from the parties, this agreement may or may not be enforced by the court. Lawyers for the Kronzek family have been working with married couples for many years and helping them to properly develop these agreements, which are becoming increasingly popular and useful for couples. Historically, courts have generally entered into post-uptial arrangements, while the parties are still together if they have the rights that each spouse will have when a divorce has entered when it appears that it has been done in contemplation of divorce. The court stated that the post-puptial arrangements were acceptable if they “intend to end harmonious conjugal relationships and keep the marriage together.” With respect to the language of the party after the Prenup marriage, the court found that it “was not done in contemplation or promotion of divorce.” Instead, it should define and clarify the rights and obligations of the parties during the marriage and at the end of their relationship – by divorce or death.
In particular, because the post-uptial agreement prescribes a “chill” time and marital counseling before one of the parties can file for divorce, the court stated that the agreement was clearly intended to preserve the marriage if possible and was therefore enforceable. After a couple`s marriage, there may be situations that would prevent them from considering certain marital assets if they divorce. Under these conditions, the couple has the opportunity to create a post-marriage arrangement that reflects their preferences. However, these agreements may not be correct for all situations. Here are some things they should respect about post-marital arrangements and if they are correct for you: Even if you and your spouse are considering a divorce, then you should not prepare a post-uptial agreement. Couples considering divorce should seek help in planning divorce proceedings. A post-marital arrangement, while executed after a couple is married, is not for the couple who wants a divorce. Hodge v Parks, 303 Mich App 552, 844 NW2d 189 (2014). Download Hodge_v.-ParksYou will want to review this earlier decision of the Court of Appeal on the enforceability of a marriage pact that led to an ACO decision that a marital agreement that tends to favour divorce was unenforceable for public policy reasons. See Rinvelt v Rinvelt, 190 Mich App 372, 475 NW2d 478 (1991). Check the facts to determine if they are similar to the facts of the case in question. Download Rinvelt_v_Rinvelt These cases show that the timing, circumstances and concrete facts of each case can make the difference between an agreement reached or cancelled.
As with any family law case, the details of each case will likely determine the court`s decision. These cases show that enforceability depends on when a post-uptiale agreement is reached, whether it promotes divorce and whether it is fair.